3309.341
Employment of retirant.

(1)
"SERS retirant" means any person who is receiving a retirement allowance from
the school employees retirement system under section
3309.36 or 3309.381 or
former section
3309.38 of the Revised Code
or any benefit paid under a plan established under section
3309.81 of the Revised
Code.

(2)
"Other
system retirant" means a member or former member of the public employees
retirement system, Ohio police and fire pension fund, state teachers retirement
system, state highway patrol retirement system, or Cincinnati retirement system
who is receiving age and service or commuted age and service retirement, or a
disability benefit from a system of which the retirant is a member or former
member.

(1)
Subject to this section and section
3309.345 of the Revised Code, an
SERS retirant or other system retirant may be employed by a public employer. If
so employed, the SERS retirant or other system retirant shall contribute to the
school employees retirement system in accordance with section
3309.47 of the Revised Code, and
the employer shall make contributions in accordance with section
3309.49 of the Revised
Code.

(2)
An employer
that employs an SERS retirant or other system retirant shall notify the
retirement board of the employment not later than the end of the month in which
the employment commences. On receipt of notice from an employer that a person
who is an other system retirant has been employed, the school employees
retirement system shall notify the state retirement system of which the other
system retirant was a member of such employment.

(C)
An
SERS retirant or other system retirant who has received a retirement allowance
or disability benefit for less than two months when employment subject to this
section commences shall forfeit the retirement allowance or disability benefit
for any month the SERS retirant or other system retirant is employed prior to
the expiration of the two-month period. Service and contributions for that
period shall not be included in the calculation of any benefits payable to the
SERS retirant or other system retirant, and those contributions shall be
refunded on death or termination of the employment. Contributions made on
compensation earned after the expiration of such period shall be used in the
calculation of the benefit or payment due under section
3309.344 of the Revised
Code.

(D)
On receipt
of notice from the Ohio police and fire pension fund, public employees
retirement system, or state teachers retirement system of the re-employment of
an SERS retirant, the school employees retirement system shall not pay, or if
paid shall recover, the amount to be forfeited by the SERS retirant in
accordance with section
145.38 ,
742.26 , or
3307.35 of the Revised
Code.

(E)
An SERS
retirant or other system retirant subject to this section is not a member of
the school employees retirement system; does not have any of the rights,
privileges, or obligations of membership, except as specified in this section;
and is not eligible to receive health, medical, hospital, or surgical benefits
under section
3309.69 of the Revised Code for
employment subject to this section.

(F)
If
the disability benefit of an other system retirant employed under this section
is terminated, the retirant shall become a member of the school employees
retirement system, effective on the first day of the month next following the
termination, with all the rights, privileges, and obligations of membership. If
the retirant, after the termination of the disability benefit, earns two years
of service credit under this retirement system or under the public employees
retirement system, Ohio police and fire pension fund, state teachers retirement
system, or state highway patrol retirement system, the retirant's prior
contributions as an other system retirant under this section shall be included
in the retirant's total service credit as a school employees retirement system
member, and the retirant shall forfeit all rights and benefits of this section.
Not more than one year of credit may be given for any period of twelve
months.

(G)
This section
does not affect the receipt of benefits by or eligibility for benefits of any
person who on August 29, 1976, was receiving a disability benefit or service
retirement pension or allowance from a state or municipal retirement system in
Ohio and was a member of any other state or municipal retirement system of this
state.

(H)
The school
employees retirement board may adopt rules to carry out this section.